Privacy & Terms

Your privacy and the security of your personal information are very important to us. We want you to be as comfortable as possible visiting our Website. We are dedicated to protecting the privacy of those who visit our Website. This Privacy Policy governs the Homemakers.com website operated by Homemakers Furniture (our “Website”) and explains how we collect your personal information on our Website, how we protect such information, and the choices you have concerning the use of such information. Please read this Privacy Policy carefully. Except as we disclose in this Privacy Policy, we will not sell, share, license, trade, or rent your personal information to others.

We may amend this Privacy Policy from time to time. We will post any changes to this Privacy Policy here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this Privacy Policy on a regular basis. By using our Website or any of our features, tools or resources that we provide on our Website, including without limitation, any fee based products or offerings (collectively, our “Online Products”), you agree to the terms of this Privacy Policy.

Please remember that this Privacy Policy applies only to information collected by our Website. We are not responsible for the privacy of any information you reveal or post in any public forum (e.g., message board or chat room), or for the privacy practices of websites that are operated or owned by third parties.

WHAT INFORMATION ABOUT ME IS COLLECTED ON OUR WEBSITE?

We collect two types of information: personally identifiable information and non-personally identifiable information.

Personally Identifiable Information.

Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). Such Personally Identifiable Information may include your name, address, email address, telephone number, age (primarily for eligibility purposes) and billing and credit card information. We may request Personally Identifiable Information from you when you register on our Website, purchase products online or in connection with other services we may make available on our Website from time to time. In all of these cases, we will collect Personally Identifiable Information from you only if you voluntarily submit such information to us. Unless you give us permission to do so, we will not sell, share, license, trade or rent your Personally Identifiable Information other than as specified in this Privacy Policy. You do not have to provide us with any Personally Identifiable Information to visit our Website. However, if you choose to withhold requested information, you may not be able to visit all sections of our Website or purchase our products. In addition, we may not be able to provide you with some of the other services we offer that are dependent upon the collection of such information.

Non-Personally Identifiable Information.

When you visit our Website we may collect information that by itself cannot be used to identify or contact you, such as IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website (“Non-Personally Identifiable Information”). Non-Personally Identifiable Information is used to help us understand who uses our Website and to improve and market our Website in general and our products in particular.

WHERE AND WHEN IS INFORMATION COLLECTED ON OUR WEBSITE (INCLUDING THROUGH THE USE OF COOKIES)?

We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our Website. We also may collect information from you in connection with, or through, other information or services we may make available on our Website from time to time. The following is a description of the areas and/or manners in which we primarily collect information about you.

Cookies.

We also collect Non-Personally Identifiable Information passively using “cookies.” “Cookies” are small text files that are placed on your computer in order to identify your Web browser and the activities of your computer on our Website and other websites. Cookies are used to personalize your experience on our Website (such as dynamically generating content on web pages specifically designed for you), and to allow us to statistically monitor how you are using our Website to help us improve our online offerings. We also may use cookies to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content. While you are not required to accept our cookies to access our Website, if you reject cookies, certain products, offerings, features, or resources of our Website may not work properly and you may experience some loss of convenience.

Online Products.

We collect information, some of which may be Personally Identifiable Information, that you voluntarily provide to us when you choose to purchase our products online. We also collect information that you provide voluntarily through responses to special offerings such as surveys, questionnaires, self-assessment quizzes, contests and the like. Some of these special offerings may ask you for additional information. We collect this information in order to offer you products or services that we think may be of interest to you.

Submission of Material.

Any information, including but not limited to remarks, applications, comments, suggestions, ideas, graphics or other submissions (“User Content”) is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. Homemakers does not claim any ownership rights in such User Content. By posting User Content via the Web Site, however, you hereby grant to Homemakers a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.

Reviews and Comments.

In addition to the rights applicable to any material you submit or post to the Website and/or provide Homemakers Furniture, including but not limited to ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions"), when you post comments or reviews to the Website, you also grant Homemakers Furniture the right to use the name that you submit with any review, comment, or other User Content, if any, in connection with such review, comment, or other content. You acknowledge and agree that any Submissions or User Content are provided on an uncompensated basis, without any promise or expectation or remuneration or other compensation payable by Homemakers Furniture or its affiliates. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other User Content that you post on this Website and that use of your reviews, comments, or other User Content by Homemakers Furniture will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead Homemakers Furniture or third parties as to the origin of any Submissions or User Content. Homemakers Furniture may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

DOES OUR WEBSITE COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

We are committed to protecting the privacy of children. Our Website is not designed for or directed to children under the age of 13. We do not collect Personally Identifiable Information from any person we actually know is under the age of 13. We urge all parents or guardians to participate in their children's exploration of the Internet, and to teach their children about protecting their personal information while online. If a child has provided our website with personally identifiable information, we ask that a parent or guardian contact us and we will delete the information about the child from our files.

WHAT DOES OUR WEBSITE DO WITH THE INFORMATION IT COLLECTS?

In general, we use the information collected on our Website to help us understand who uses our Website and how it is used, to personalize your online experience, to assist you in using our products, and to improve our Website. If you become a registered user of our Website, we may use your information to send you a welcoming email that may confirm your user name and password. If you "opt-in", we may send you electronic newsletters, contact you about our products, services, information and news that may be of interest to you. If you no longer desire to receive these communications, we will provide you with the option to change your preferences. We may also use the information collected to send you important service announcements and updates regarding our Website or products.

WHEN DOES OUR WEBSITE DISCLOSE INFORMATION TO THIRD PARTIES?

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Website.

We may disclose information (including Personally Identifiable Information) about you to our Affiliates. For purposes of this Privacy Policy, “Affiliates” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Homemakers Furniture whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Privacy Policy.

We may also disclose your information (including Personally Identifiable Information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order or other valid legal process. We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Use to protect the safety and/or security of our users, our Website or the general public.

We may provide to third parties information about you that does not allow you to be identified or contacted, including wherein such information is combined with similar information about other users of our Website. For example, we might inform third parties regarding the number of unique users who visit our Website, the demographic breakdown of our registered user of our Website or the activities that visitors to our Website engage in while on our Website. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES?

Our Website contains links to other websites not owned or operated by Homemakers Furniture. Please be aware that we are not responsible for the privacy practices of such websites. We encourage you to be aware when our Website links to other websites and to read the privacy policies or statements of each and every website. This Privacy Policy applies solely to information collected by our Website.

IS THE INFORMATION COLLECTED ON OUR WEBSITE SECURE?

We want your information (including Personally Identifiable Information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. We endeavor to secure the Personally Identifiable Information you provide on servers which we believe are located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees and authorized agents, vendors and suppliers who need access to your information to perform a specific task or function are granted access to such information. In addition, all Homemakers Furniture employees must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee who violates this Privacy Policy is subject to disciplinary action, up to and including termination. We also require that our authorized agents, vendors and suppliers (i) protect the privacy of your Personally Identifiable Information consistent with this Privacy Policy, and (ii) not use or disclose your Personally Identifiable Information for any purpose other than providing us with products or services for which we contracted.

Notwithstanding the above commitments to protect your information (including Personally Identifiable Information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?

Except as otherwise described in this Privacy Policy, we will only use Personally Identifiable Information for the purposes described above or as otherwise disclosed at the time we request such information from you. You must “opt-in” and give us permission to use your Personally Identifiable Information for any other purpose. For example, we have an “opt-in” mechanism so that those who become registered users or subscribe to our Website must give us permission to send them marketing materials and our electronic newsletter.

CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?

You may 1) update or correct your Personally Identifiable Information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the Personally Identifiable Information maintained about you on our systems by contacting us. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third-parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personally Identifiable Information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all Personally Identifiable Information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.

HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

Changes to this Privacy Policy will be posted on our Website so you are always aware of what information we collect, how we use it and under circumstances, if any, we disclose it. If at any point we decide to use Personally Identifiable Information in a manner significantly different from that stated in this Privacy Policy, or otherwise disclosed to you, at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your Personally Identifiable Information in the new manner. We may also make non-significant changes to our Privacy Policy that generally will not affect our use of your Personally Identifiable Information. If you do not agree to the terms of this Privacy Policy, you should not use our Website.

WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?

If you have any questions about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact us.

By using our website, you confirm that you have read, understand and agree with this Privacy Policy. If you do not accept the terms herin, you should not use our website. Your continued use of our website following the posting of changes to this Privacy Policy will mean that you accept those changes.

TERMS OF USE

The Homemakers.com web site and any derivative web site on which these Terms of Use are posted are owned and operated by Homemakers Furniture, an Iowa corporation (“HOMEMAKERS”). HOMEMAKERS has adopted these Terms of Use (“Terms of Use” or “Agreement”) to make you aware of the terms and conditions of your use of the Homemakers.com web site, any derivative web sites on which these Terms of Use are posted and any Content, products or services that are offered or provided via the aforementioned web sites (collectively, the “Web Site”).

HOMEMAKERS reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. The continued use of the Web Site following the posting of changes to these Terms of Use will constitute your acceptance of those changes.

By using OR OTHERWISE ACCESSING the Web Site, creating, registering or accessing an account, posting Content (as defined below) or any other information to or from the Web Site OR purchasing any products or services via the Web Site or manifesting your assent to these Terms of Use in any other manner, you hereby expressly agree to, and shall be subject to, these Terms of Use. If you do not agree to these Terms of Use, you may not use OR OTHERWISE ACCESS the Web Site, create, register or access an account, post or download Content or any other information to or from the Web Site or purchase any products or services via the Web Site.

General Terms of Use and Restrictions on Use

HOMEMAKERS hereby grants you a limited, nonexclusive, nonassignable and nontransferable license to access and use the Web Site solely for your own purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Use. If you do not comply with the Terms of Use at any time, HOMEMAKERS reserves the right to revoke the aforementioned license, limit your access to the Web Site or restrict your ability to post or download Content or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion or information from the Web Site.You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Web Site.

HOMEMAKERS may discontinue or alter any aspect of the Web Site, remove Content from the Web Site, restrict the time the Web Site is available or restrict the amount of use permitted at HOMEMAKERS’ sole discretion and without prior notice or liability. You agree that HOMEMAKERS may, under certain circumstances, immediately suspend and/or terminate your access to the Web Site. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Web Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in HOMEMAKERS’ sole discretion and without liability to you or any third party.

For purposes of these Terms of Use, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.

HOMEMAKERS Intellectual Property

Unless otherwise specifically noted in these Terms of Use, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, Homemakers™ logos, are the property of HOMEMAKERS and may not be used without HOMEMAKERS’ prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Web Site is the copyrighted property of HOMEMAKERS, and it may not be reproduced, recreated, modified, accessed or used in any manner in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by HOMEMAKERS or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate or modify the intellectual property found in the Web Site or Services or grant any other person or entity the right or access to do so.

Accounts

For certain aspects of the Web Site, you may be asked to register an account. In the event you agree to register an account, you will receive a username and password upon providing registration information and successfully completing the registration process. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify HOMEMAKERS in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. HOMEMAKERS may refuse to grant a particular username to you for any reason, including, without limitation, in the event HOMEMAKERS determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.

Content

You acknowledge that the Web Site contains information, software, photos, video, text, graphics, music, sounds or other material provided by HOMEMAKERS or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

The Content posted by users via the Web Site (“User Content”) is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. HOMEMAKERS does not claim any ownership rights in such User Content. By posting User Content via the Web Site, however, you hereby grant to HOMEMAKERS a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.

In the event you would like to remove your User Content from the Web Site, please contact us. Please note however, that your User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by HOMEMAKERS or other parties; (b) such User Content has been retained in HOMEMAKERS’ data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to other persons and such persons retain your User Content.

HOMEMAKERS’ Privacy Policy

HOMEMAKERS collects, stores and uses data collected from you in accordance with HOMEMAKERS’ Privacy Policy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

Links

The Web Site may provide, or third parties may provide, links to other web sites or resources on the Internet. Because HOMEMAKERS has no control over such web sites or resources, you acknowledge and agree that HOMEMAKERS is not responsible for the availability of such external web sites or resources, and HOMEMAKERS does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such web sites or resources. You further acknowledge and agree that HOMEMAKERS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such web site or resource.

Purchases

HOMEMAKERS may allow users to place Orders for products and/or services via the Web Site. “Order” shall mean any order placed by a user for products and/or services via the Web Site that is accepted by HOMEMAKERS. In the event that you are a user placing an Order to purchase products and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party web site make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party web site. By making such purchases, you hereby agree that HOMEMAKERS has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party web sites.

Upon placing an Order, you shall pay to HOMEMAKERS the purchase price as set forth in the “Shopping Cart.” HOMEMAKERS or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order.

Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and HOMEMAKERS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, HOMEMAKERS will issue you the appropriate credit within a reasonable time after your order has been revoked.

In the event you purchase a product that must be shipped to you, such products will be shipped by HOMEMAKERS and/or its third-party contractors within a reasonable time after processing of your order. Shipment time will vary depending on the shipping method and service you select. HOMEMAKERS does not guarantee delivery at any certain time and is not responsible for shipping delays.

In the event you purchase products that embody or otherwise contain Content owned by HOMEMAKERS or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Content.

In the event a product ordered by you is damaged upon receipt, HOMEMAKERS, at its sole option, may provide a replacement product or refund the purchase price. Damaged products which HOMEMAKERS will accept for return or refund include products that are missing, torn or physically damaged or inoperable.

List Price/Suggested Retail Price

Percent-off savings are calculated from List Price (or suggested retail price). Homemakers provides these prices in a reasonable effort to demonstrate the relative value of products offered. Nevertheless, Homemakers makes no claims to having sold products at List Price or that any party has sold products at that price.

User Representations

You hereby represent and warrant to HOMEMAKERS that: (a) you (i) are over the age of eighteen (18), (ii) are an emancipated minor under the laws of your state of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to HOMEMAKERS is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to HOMEMAKERS or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Web Site; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Web Site; (e) you have provided and will maintain accurate and complete registration information with HOMEMAKERS, including, without limitation, your legal name, address, email address, and any other information HOMEMAKERS may reasonably require; (f) your access to and use of the Web Site and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; and (g) you will immediately notify HOMEMAKERS in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person.

In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to HOMEMAKERS: (1) you are owner of such User Content or otherwise have the right to grant HOMEMAKERS the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true and accurate.

Prohibited Uses

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or the User Content that you may sell or purchase via the Web Site, which includes, without limitation, use of the foregoing to: (a) post or store material or information that, is or to a reasonable person may be unlawful, harmful, tortuous, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) post or store files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (d) post or store viruses, Trojan horses or any other malicious code or program designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; or (f) engage in any activity that, as determined by HOMEMAKERS, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

Disclaimer

HOMEMAKERS uses reasonable efforts to maintain the Web Site, but HOMEMAKERS is not responsible for any defects or failures associated with the Web Site or any User Content posted using the Web Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which HOMEMAKERS may undertake from time to time, or (c) causes beyond the control of HOMEMAKERS or which are not foreseeable by HOMEMAKERS. In addition, HOMEMAKERS makes no guarantees as to the web sites and information located worldwide throughout the Internet that you may access as a result of your use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.

HOMEMAKERS does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. Despite the fact that it has no monitoring obligations, HOMEMAKERS reserve the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate these Terms of Use. Because the User Content offered via the Web Site is provided by other users, and because HOMEMAKERS does not monitor or exercise control over the User Content, HOMEMAKERS does not make any warranties or representations regarding any of the User Content offered via the Web Site or the quality thereof. HOMEMAKERS does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. You understand that by using the Web Site, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall HOMEMAKERS be liable under any theory for such exposure.

HOMEMAKERS is not a backup service for storing User Content, and HOMEMAKERS shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Web Site.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE WEB SITE, ANY USER CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. HOMEMAKERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, HOMEMAKERS MAKES NO WARRANTY THAT THE WEB SITE, ANY USER CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY USER CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.

ANY USER CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOMEMAKERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF OR INJURY TO LIFE OR OTHER INTANGIBLE LOSSES (EVEN IF HOMEMAKERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, THE USER CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, THE USER CONTENT OR THE PURCHASE OF HOMEMAKERS’S PRODUCTS OR SERVICES. IN NO EVENT SHALL HOMEMAKERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE, SELLING OR PURCHASING CONTENT OR HOMEMAKERS’ PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY HOMEMAKERS FOR PROVIDING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless HOMEMAKERS, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site, (b) any User Content you post via the Web Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights or third parties by you, (e) any negligence or willful misconduct by you, (f) any other claim related to your performance under this Agreement, or (g) any services or products provided by HOMEMAKERS.

Governing Law and Other Miscellaneous Terms

The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against HOMEMAKERS, and HOMEMAKERS shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.

The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to HOMEMAKERS which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that HOMEMAKERS has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies HOMEMAKERS may have for your breach of this Agreement.

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Iowa, USA, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS OF USE, CONCERNING ANY SALE OR CONCERNING ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF HOMEMAKERS, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN POLK COUNTY, IOWA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.

If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, telecommunications failure or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site and products and services offered via the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site and products and services sold via the Web Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.

HOMEMAKERS makes no representation that Content or other material or information on the Web Site is appropriate to or available in locations outside of the United States. You may not use the Web Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Web Site from outside of the United States, you are responsible for compliance with all applicable laws.

Copyright and Copyright Notices

HOMEMAKERS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HOMEMAKERS’ Copyright Agent the following information:

  • an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest
  • a description of the copyrighted work that you claim has been infringed
  • a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material
  • your address, telephone number, and email address
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact HOMEMAKERS’ Copyright Agent for Notice of Claims of copyright infringement.